I have been ripped of by and estate egent and need advice.

mischief18

I am needing some advice on a way to battle an estate agent regarding a dispute over a fee. The basic is that my partner and I viewed a rental property advertised through a London estate agent, we decided that we would like that property and were told that we would need to place a holding deposit of £500 to ensure that no other people were able to view it. We were then to pay a futher total of £2000 before we could move in. I paid the £500 but the next day my partner suffered an accident which stopped him from being able to work and we realised that we would not be able to afford the rent as he would not be able to work for a long time so I phoned the estate agent and explained this, he said I would not be able to get my deposit back. He told me to read the contract which he had forwarded to me by email. When I checked the time of the email I realised that it had been sent to me 45 minutes after I had made the initial payment. I wrote to the estate agent and sent copies of the transaction I made via debit card and a copy of the email to prove the time difference but they said that it wasnt their fault and they are going to keep my money.
I am needing some help on this matter and kindly asking for any advice that you can give, this was the first time I have ever dealt with an agent as I and feel very bullied by the company.

hearts

I don't think a contract exists as such if you have not signed it. Sending you something by email is not a contract. Also even if a signed contract did exist Im sure there is a 7 day cooling off period.
Cancel by letter and send it special delivery.
The bad news is they are obviously trying to shaft you and the only way you are going to get your money back is by taking a Small Claims action out against them.

noopin

legally binding contracts usually have to be witnessed I believe. Also you say you paid with a debit card is there no recourse through your bank or visa people. Creit card next time. Contact trading Standards they give great advice. Complain to the onbudsman and give that dog a bad name.

barvid

Contracts can indeed exist without being signed - there is no requirement in law for all the terms of a contract to be written down or signed. Ever bought anything over the phone by card? Similarly, there's no requirement for it to be witnessed. (When you're next buying a chocolate bar in the supermarket you're making a contract, but you don't pull someone out of the queue to come and witness it.) There's nothing wrong with using email to communicate the terms of the contract provided the rest of the requirements for setting up a valid contract are met. Consult a solicitor is my advice. There are specific rules about the precise timings of when things are sent which were initially decided when post was the only way of communicating offers and acceptances over long distance.

EDIT - to add to the above, if you knew about the "non refundable" clause BEFORE you agreed and handed over the cash, you're unlikely to succeed. If you paid the money without discussing this or seeing it written anywhere AND THEN he sent the document which explained you couldn't get your £500 back, it would most likely fall outside the terms of the contract, in the same way that "terms" or "refund policies" printed on the back of receipts are not part of the contract. The contract would be formed the moment you actually or effectively shook on the deal, i.e. you said "yes, we'll take the place". If you didn't know about the non refundable clause at that point, it can't be introduced later. If you did, you're stuck with it.

hearts

barvid wrote: »

Contracts can indeed exist without being signed - there is no requirement in law for all the terms of a contract to be written down or signed. Ever bought anything over the phone by card? Similarly, there's no requirement for it to be witnessed. (When you're next buying a chocolate bar in the supermarket you're making a contract, but you don't pull someone out of the queue to come and witness it.) There's nothing wrong with using email to communicate the terms of the contract provided the rest of the requirements for setting up a valid contract are met. Consult a solicitor is my advice. There are specific rules about the precise timings of when things are sent which were initially decided when post was the only way of communicating offers and acceptances over long distance.

EDIT - to add to the above, if you knew about the "non refundable" clause BEFORE you agreed and handed over the cash, you're unlikely to succeed. If you paid the money without discussing this or seeing it written anywhere AND THEN he sent the document which explained you couldn't get your £500 back, it would most likely fall outside the terms of the contract, in the same way that "terms" or "refund policies" printed on the back of receipts are not part of the contract. The contract would be formed the moment you actually or effectively shook on the deal, i.e. you said "yes, we'll take the place". If you didn't know about the non refundable clause at that point, it can't be introduced later. If you did, you're stuck with it.

The bar of chocolate falls under the sale of goods act. No need for a contract the exchange takes place at point of sale.
If there is no signed contract then how can they prove that the condtions of said contract were agreed by both parties? (non refundable) Have you ever tried to get a tenant out of a property without a signed contract. Without a signed contract how can either side prove that either side was aware of the terms held within the contract. What would stop the Letting agent making a new contract and increasing the rent on this contract and saying that this is the rent you agreed at the start.?
I agree with you on saying consult a solicitor. Better still and free go to your local CAB office.